Choose your witnesses

You must have 2 witnesses who see you sign your power of attorney. They must sign it as well and usually need to be with you when you sign.

Your witnesses cannot be:

  • your spouse or partner, your child, or someone you treat as your child,
  • your attorney or their spouse or partner,
  • anyone who’s younger than 18, or
  • anyone who has a Guardian of Property, a Statutory Guardian, or a Guardian of the Person.

Your spouse is someone you’re married to.

If you’re not married, they’re your spouse if you live in a relationship that’s like a marriage. And you:

  • have lived together for at least one year, or
  • have lived together for less than one year and have a child together, or
  • have a cohabitation agreement, which is a contract that says how unmarried partners will deal with issues.

Your partner is someone you have been living with for at least one year. And you have a close personal relationship that’s most important to both of you.


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